Sanju @ Sanjeev And 10 Others vs State Of U.P. And 2 Others
2017 Latest Caselaw 4310 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18769 of 2017
 
Petitioner :- Sanju @ Sanjeev And 10 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ajendra Kumar
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Aniruddha Singh,J.

Supplementary affidavit filed by learned counsel for the petitioners today in Court, is taken on record.

Heard Sri Ajendra Kumar, learned counsel for the petitioners, P.S.Yadav, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the FIR dated  15.8.2017 registered as Case Crime No.568 of 2017, under Sections 147, 148, 307, 149, 353, 332, 336, 323, 225, 224, 325 I.P.C. and Section 2, 3 Prevention of Damages to Public Property Act and Section 7 of Crl. Law Amendment Act, P.S. Jalesor, District Etah.

It has been submitted by the petitioners that the impugned FIR has been lodged by the respondent no.3 containing absolutely false, concocted, vague and sweeping allegations against the petitioners. He has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 4, 9 & 10 who are ladies, hence the impugned FIR is liable to be quashed.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:

(i) Investigation of the aforesaid case shall go on but the petitioner nos. 4, 9 & 10 who are ladies, shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

(ii) As far as the petitioner nos.1,2,3,4,5,6,8 & 11 are concerned, the petition stand dismissed.

With this direction, this petition is finally disposed of.

   (Aniruddha Singh, J.)     (Ramesh Sinha, J.)

Order Date :- 13.9.2017/NS